Page:United States Statutes at Large Volume 108 Part 3.djvu/597

PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2349 "(7) MERGER TRANSACTION. — The term 'merger transaction' has the meaning determined under section 18(c)(3). "(8) OUT-OF-STATE BANK.— The term 'out-of-State bank' means, with respect to any State, a bank whose home State is another State. "(9) OUT-OF-STATE BANK HOLDING COMPANY.— The term 'out-of-State bank holding compan}^' means, with respect to any State, a bank holding company whose home State is another State. "(10) RESPONSIBLE AGENCY.—The term 'responsible agency' means the agency determined in accordance with section 18(c)(2) with respect to a merger transaction. "(11) RESULTING BANK.—The term 'resulting bank' means a bank that has resulted from an interstate merger transaction under this section.", (b) TECHNICAL AND CONFORMING AMENDMENTS.— (1) REVISED STATUTES.— Section 5155 of the Revised Statutes (12 U.S.C. 36) is amended— (A) by redesignating subsections (d) through (h) as subsections (h) through (1), respectively; and (B) by inserting after subsection (c) the following new subsections: " (d) BRANCHES RESULTING FROM INTERSTATE MERGER TRANS- ACTIONS.—^A national bank resulting from an interstate merger transaction (as defined in section 44(f)(6) of the Federal Deposit Insurance Act) may maintain and operate a branch in a State other than the home State (as defined in subsection (g)(3)(B)) of such bank in accordance with section 44 of the Federal Deposit Insurance Act. " (e) EXCLUSIVE AUTHORITY FOR ADDITIONAL BRANCHES.— "(1) IN GENERAL. — Effective June 1, 1997, a national bank may not acquire, establish, or operate a branch in any State other than the bank's home State (as defined in subsection (g)(3)(B)) or a State in which the bank already has a branch unless the acquisition, establishment, or operation of such branch in such State by such national bank is authorized under this section or section 13(f), 13(k), or 44 of the Federal Deposit Insurance Act. "(2) RETENTION OF BRANCHES.— In the case of a national bank which relocates the main office of such bank from 1 State to another State after May 31, 1997, the bank may retain and operate branches within the State which was the bank's home State (as defined in subsection (g)(3)(B)) before the relocation of such office only to the extent the bank would be authorized, under this section or any other provision of law referred to in paragraph (1), to acquire, establish, or commence to operate a branch in such State if— "(A) the bank had no branches in such State; or "(B) the branch resulted from— "(i) an interstate merger transaction approved pursuant to section 44 of the Federal Deposit Insurance Act; or "(ii) a transaction after May 31, 1997, pursuant to which the bank received assistance from the Federal Deposit Insurance Corporation under section 13(c) of such Act. " (f) LAW APPLICABLE TO INTERSTATE BRANCHING OPERATIONS.—